Laserfiche WebLink
satisfaction, subject, however, to Borrower's right to contest the same in <br />accordance with the provisions of the Mortgage. <br />(g) A transfer which violates by Section 9 hereof occurs. <br />(h) Borrower (i) fails to pay any amount due under this Agreement, the <br />Note or the Mortgage when due; or (ii) fails to perform any other obligation to be <br />performed under this Agreement, the Note, the Mortgage or any other document <br />executed by Borrower pursuant to this Agreement and such failure continues <br />beyond any applicable cure period. <br />(i) Any representation or warranty by Borrower contained herein or in <br />the Note, the Mortgage or any other instrument required hereunder is false or <br />untrue in any material respect when made. <br />(j) Borrower defaults in the payment or performance of anything by it <br />to be paid or performed under any note, mortgage or other agreement now or <br />hereafter made by Borrower in favor of or with Lender or otherwise now or <br />hereafter held by Lender and as to defaults other than in the payment of a sum <br />when due, the continuance thereof beyond any notice and/or cure period <br />contained therein. <br />Upon the occurrence of an Event of Default, Lender, at its option, shall, in addition to any <br />other remedies which it might be entitled to by law, have the right to: <br />(1) To refrain from making advances under this Agreement; <br />(2) To enter into possession of the Loan Property and perform any and all <br />work and labor necessary to complete the Improvements substantially as <br />required under this Agreement and to do all things necessary or incidental <br />thereto; <br />(3) To perform such other acts or deeds which reasonably may be necessary to <br />cure any default existing under this Agreement, and to this end, it is <br />hereby agreed as follows: <br />(i) All sums expended by Lender in effectuating its rights under <br />Subparagraphs (2) and (3) of this Paragraph shall be deemed to <br />have been advanced under this Agreement and to be secured by the <br />Mortgage and any other security document required under this <br />Agreement as security for the Loan. <br />(ii) Borrower hereby constitutes and appoints Lender its true and <br />lawful attorney-in-fact with full power of substitution either in the <br />name of Lender or in the name of Borrower or in the name of both, <br />for the following purposes: (a) to complete the Improvements or <br />385593v3 JSB EL185-12 <br />-1~- <br />